kidnapping case


I was kidnaped by some gangsters in the month of June12, and was rescued by poilice after 8 days,all of the were arrested at the site by police and are in jail. One of them how was not directly involved in kidnapping but is suspected to be involved in planning and helping them gets bail. Now kindly tell that how the case will proceed, I had given statement before CJM. Now relatives of the criminals ( those who were with me at site) are asking to forgive the criminals, but I want that those should get punishment. Also most of them are history sheeters. Please tell can they get bail? Do I have to appoint my own lawer?


If you want to appoint your own lawyer too, you can do that.

As far as admissibility of bail application is concerned, it depends on facts and circumstances of each case, which needs detailed discussion and study of the case.

Goutam Prasad







Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

Dear Querist, 

1. Kidnapping is a serious offence, and if they have been arrested on the spot, and your statement u/s 164 before the Magistrate has been recorded - the case is on strong stead. If the charge of conspiracy is there - not only people who actually did it would be liable but also those who conspired and planned this offence.

2. Kidnapping, though a serious offence - on the basis of a compromise case can be quashed against them, but only if you voluntarily decide to do so, nobody can force you to compromise. In case you are pressurised file a police complaint, trying to threaten a witness/victim from prosecuting a matter is an offence under sections 506 and 195A of the IPC. 

3. Hiring a counsel is only optional, the state would represent you through the Public Prosecutor, however you can have your counsel to assist him in the matter, if you really have been wronged and want these offendors to be brought to the book. 


Good Luck !


Bharat Chugh - Advocate Supreme Court of India

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

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Thanks for the reply, police is saying that they are having many digital proofs against them (phone records, sim locations etc.) they were arrested on the spot with arms.

My statement u/s 164 has been recorded. In which I had named all of them, one person was not named by me as he was not at site but as per police he was also involed in conspiracy, now he got the bail.




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